The conditions of use shall be applied to all persons using any of the services of www.itree.it provided by the Service Provider (hereinafter: User). The visitor of the Homepage and anyone who may use the services at www.itree.it shall qualify as User. These Conditions qualify as an agreement concluded for the purpose of providing conditions of the legal relationship between the Service Provider and the User without putting it in writing, consequently it shall not be filed. This agreement shall be conluded in English language.

By way of browsing and using of www.itree.it website the User hereby states that it read and accepted the conditions of use of www.itree.it website and the data management rules in respect of the use and services of the website.

The www.itree.it website reserves the rights to modify these conditions of use individually, simultaneously to the notifications of users on thereof. On any modifications the users shall be informed by the internal notification system of the homepage and by all internal news modules (messages of the Engine-room). Following the sign-in on the website by way of using it following the modification of the service, the user accepts the amended conditions of use.

I. Service:

The portal of the memorial place being available at www.itree.it website shall qualify as service including any and all services and functions of it.

The purpose of the service is that following the registration of the Users, data and information on the deceased persons being aquainted by the Users shall be disclosed with such purpose that the User may share the memories (information) in respect of the deceased person with other users in favour of the commemoration on the deceased person within the website.

In addition to this the Service Provider also provides services in connection with the information society. Such service qualifies partly as content service and partly as agency service.

In the course of the content service www.itree.it shall make available contents created and edited by itself and by other third parties to others, which contens are protected under copyright laws.

In the framework of the agency service (memory-storage service, access support, search-engine service) the Service Provider provides the publishing on and access to the contents provided by the Users (e.g. photos, personal data) furthermore it provides the Users with applications helping them in finding information on the website. Agency services also include the display of different electronic notifications.

Specific hyperlinks, links, banners on www.itree.it website may eventually redirect to the websites of other service providers and the contents and data management practices which the Service Provider shall not bare liability for. In the event the Service Provider obtains such information that the website being hyperlinked by itself fails to comply with the laws or breaches the rights or rightful interests of other third parties, it removes the link immediately. Banners shall qualify as advertisement.

II. Registration:

Any services on www.itree.it website may be used exclusively following registration. Services indicated in Section I. may be used exclusively by natural persons above the age of 14 years in complying with the provisions of these Conditions of Use. The registration is free of charge.

The registration may be accomplished on the main page of the website by way of compulsorily providing the below data:

Family name

Forename

Sex

Date of birth

Email address

Individual password necessary for the usage of the website.

In the course of the registration the User is oblige to provide real data. The condition of the successful registration is the registration data sheet correctly filled in.

To enter into the website the individual e-mail address and password being indicated at the registration will be necessary. Only one active User may be assigned to one email address in the system.

Following the successful Registration the website – due to validating of the email address – shall send an activating key to the User’s e-mail address given by him/her. The user can validate the registration by clicking on the activating link. The User may only enter into the website following the registration being validated.

The User hereby acknowledges that he/she provides the Service Provider with his/her personal data in the cource of the registration, and the Service Provider is obliged to manage such data in compliance with the provision of the [law] on the right to informational self-detremination and the freedom of information. In the management of the personal data by the Service Provider the provisions of the Regulation on Data Protection shall apply.

The User hereby acknowledge that in case it fails to comply with the provision of the Conditions of Use and the Regulation on Data Protection his/her registration shall be deleted immediately without reasoning or any notification. For the User’s conduct being not in compliance with the Conditions of Use or with the laws, the Service Provider hereby excludes its liability.

III. Conditions of the usage of the Service:

Any services on www.itree.it website may be used exclusively following registration as described in Section No. II may be used exclusively by natural private persons above the age of 14 years. In respect of profiles being created to display business entities (e.g. companies), www.itree.it reserves the rights to delete those profiles.

During the registration the User is obliged to refrain from any such conduct as a result of which he/she would misuse the name, email address or other personal information of any other person or deceased person, particularly if by displaying the content on www.itree.it website the User breaches any copyright law, trademark; misuse others’ rights to their names; use obscene or filthy expression; violate others rightful and acknowledged interests; use racist expressions or conduct, which abuses an violates others’ religion, nationality, sexual orientation, political- or ideological affiliation. The www.itree.it reserves the rights to delete the User conducting such behaviour as mentioned above immediately without any further notification.

The Service Provider is not obliged to control the information being only forwarded, stored or made available by it, furthermore it is not obliged to inspect or search for such facts or circumstances which would refer to illegal conduct. In the event the name or other personal data of the User would be misleading, www.itree.it is entitled to check the data of the User by way of requesting the User to provide further data or photo being applicable to identify him/her. In such case - by accepting these Conditions of Use - the User undertakes to send the data being requested by the Service Provider for the purpose of the verification via email within 48 hours to the Service Provider, otherwise the Service Provider is entitled to delete the User from the system.

The User acknowledged and hereby explicitly authorise the Service Provider that www.itree.it collects and stores the User’s data anonymously inwww.itree.it system, furthermore to use the data collected from the User for anonymous statistical purposes.

The www.itree.it reserves the rights to deny the access to the service of any User.

IV. Prescription of the User’s conducts, which may be practised during the use of Service:

By way of accepting the Conditions of Use, the User undertakes to comply with the below conducts:

conducts his/her behaviour with responsibility

behaves towards other users and members respectfully by not offending the human dignity

shall not use the service for the purpose of pestering, slandering other users or breaching of honour, violating human dignity and of the constitutional principle of equality

shall not violate others’ rights to personal privacy, particularly it shall comply with the regulations of the protection of goodwill, the rights to names, the protection of private secrets

it shall not violate but respect for the rights to piety of the deceased persons being registered by the users

in case of using works under legal protection he/she has the rights to use them.

By way of accepting the Conditions of Use, the User undertakes to refrain from the below conducts:

using aggressive, threatening, obscene, offensive remarks or comments

depreciation, abuse, provocation of Users or the deceased persons, furthermore placing comments being applicable to influence the goodwill of others in a negative way independently from the fact if it is real or not

mentioning, judging the religious belief, ethnic or other affiliation, of the Users or the deceased persons, displaying of information being applicable to arouse hatred or to frighten others

offering products for sale which requires authorization or which may not be placed on the market

deceiving or misguiding other Users intentionally

hindering the technical operation of www.itree.it website and the activities of the Service Provider or encouraging others to such activities

advertising or other professional trading by the Users.

By way of accepting the Conditions of Use, in the course of using the service the User undertakes to refrain from any conduct which would violate the rights of others in respect of the author’s work under copyright laws, performance, sound record, programme, audiovisual work, database or exclusive rights originating from trademark protection. Within 12 hours from the receipt of the notification included in complete conclusive document or in notarial deed, in the event of such violation of the law the Service Provider is entitled to remove (delete) the indicated information by indicating the notification of the authorised person declaring the violation of law, upon which the removal (deletion) was made. Within 3 working days the Service Provider shall inform the User, who provided the information violating the rights of the authorised person, on the deletion of the injurious information and on the notification upon which the removal was made in writing.

In case the court or other authority would set up a claim or initiate any proceeding in relation to the content disclosed by the User on www.itree.it website, the User is obliged to compensate for any damages or expenses incurred at the Service Provider due to the assertion of claim and to take all the necessary steps to rehabilitate and preserve the goodwill of the Service Provider.

The www.itree.it reserves the rights to delete the above-mentioned injurious content without delay, furthermore to delete the registration of such Users who conduct such behaviour being unlawful or violating others rights or rightful interests as indicated in this section.

The registered User is only entitled to upload and disclose data and photo of deceased persons. To register or upload and disclose data, photo of other living beings than human beings (e.i. animal, plant, other creatures, etc.) as deceased persons in the system is not allowed.

The registered User is entitled to upload photo of its deceased relative, furthermore the photo of such deceased person, to the disclosure of which the close relative of the deceased person explicitly gave its consent. The User hereby acknowledge that in the absence of such explicit authorisation the disclosure of the photo will qualify as misuse of photo being disclosed and pursuant to Section 84 of the Act No. IV. of 1959 on the Civil Code in force the authorised person may enforce its claim arising from the violation of rights to personal privacy towards the User. The Service Provider as an intermediary service provider shall not bare any liability n such case.

The www.itree.it reserves the rights to delete such Users who conduct such injurious behaviour b as indicated in this section without delay.

The registered User is entitled to display other personal data of his/her deceased relative or other descriptions related to the deceased person. In respect of such information given the Service Provider shall not bare liability, the coverage of reality of which the User is fully liable, who uploads and shares such data.

By way of registering the data of the deceased person the User will become the “main caretaker’ of the memory and memorial place of the deceased person. The registered User as “main caretaker’ may change any and all data in respect of the deceased person being registered by him/her. He/she may also delete the profile of the deceased person from the system. Other user who wishes to hold the memory of an actual deceased person within the system, needs to indicate such intention of his/her by way of indicating the fact that he/she was acquainted with the deceased person to the “main caretaker’ on the profile of the deceased person (as for the identification of such relationship it is practical to give some sort of reasoning in writing). Only the “main caretaker’ is entitled to set such acquaintance.

At the registration to the portal the registered User shall receive a starting balance as indicated in the iThaler regulation. The iThaler is the virtual internal currency of the portal. The iThaler serves as covering for the virtual relics. In the amount, use and rules of the iThaler, the provisions of the iThaler regulation shall apply. The registered User hereby acknowledge that iThaler is a virtual currency of www.itree.it, and may not be exchanged for cash; it may only be used for virtual purposes as indicated int he Regulation being available at www.itree.it.

The registered User is entitled to write a personal blog on the portal, the content of which – depending on his/her own decision – he/she may share with others or just keep them as private. The blog notes being already shared may be commented by other users being contacts of the User.

In respect of the information provided by the registered User in his/her personal blog, furthermore of the comments of other Users, the Service Provider shall not bare liability, the coverage of reality of which the User is fully liable, who uploads and shares such data.

VI. Provisions in respect of liability:

The Sevice Provider shall not bare liability for information being disclosed by others and information forwarded, stored, made available by it as an intermediatory service provider through its service in connection with information society, with conditions as set forth in Act No. CVIII of 2001 on the questions related to electronic commercial services and services connected to information society.

Each User may use www.itree.it website at his/her own risk. The Service Provider is not liable for the fact if a third person may use the information disclosed by the User on www.itree.it without authorisation.

The Service Provider as intermediatory service provider is not obliged to control information being only forwarded, stored or made available; furthermore it is not obliged to search for such facts or circumstances which would refer to illegal conduct.

The www.itree.it website and its owner hereby excludes its liability for the authenticity, content, completeness, legality, truth, functionality, availability of the information place at www.itree.it website. The www.itree.it hereby excludes its liability for the conduct of any and all User.

VII. Deletion of the registration of deceased persons:

In favour of deleting the profile of a deceased person the close relative or authorised representative may proceed by presenting the necessary documentation.

VIII. Legal statement

The www.itree.it website and its items are under the protection of copyright laws. It is not allowed to use any content of the website in whole or in part for the purposes of commercial use without the prior written consent of the Service Provider. In case of non-commercial use it is necessary to indicate the quotation. In the event of violating copyright laws the Service Provider will proceed against the person violating its rights pursuant to the provisions of the Act on Copyright Laws and of the Civil Code.

IX. Legal notice

In respect of their disputes pertaining to this agreement the Service Provider and the User primarily undertake to solve them amicably by negotiating with each other. In case of failing to solve thereof within 30 days after the negotiations were started, the Service Provider and the User agree to submit themselves to the exclusive jurisdiction of the court being competent at the Service Provider’s seat.

The User is obliged to take all measures, which would be reasonably expected to do, in order to protect its own personal data, particularly the password necessary to use the services provided by the Service Provider.

These Terms and Conditions is valid from October 26, 2011 till its withdrawal.